EXHIBITION OF HUMANS                                                                              H.B. 4709:

                                                                                     SUMMARY OF BILL REPORTED

                                                                                                     FROM COMMITTEE

House Bill 4709 (as reported without amendment)

Sponsor:  Representative John Bizon, M.D.

House Committee:  Criminal Justice

Senate Committee:  Judiciary

CONTENT

The bill would amend the Michigan Penal Code to do the following:

-- Revise a prohibition against exhibiting a deformed human being.

-- Delete a prohibition against exhibiting diseased or deformed human bodies, parts of bodies, or representations of human bodies or body parts that would be indecent in the case of a living person.

The Code specifies that a physician or other person who exposes or keeps on exhibition any deformed human being or human monstrosity, except as used for scientific purposes before members of the medical profession or medical classes, is guilty of a misdemeanor. Under the bill, instead, a physician or other person who exposed or exhibited any human being who was disabled or disfigured, except as used for scientific purposes before members of the medical profession or medical classes, would be guilty of a misdemeanor punishable by up to 90 days' imprisonment and/or a maximum fine of $500 (which is the penalty for a misdemeanor when no other punishment is specified).

The Code also makes it a misdemeanor for any person to expose or exhibit diseased or deformed human bodies or parts of bodies, in a museum or elsewhere, in a manner that would be indecent in the case of a living person, except as used for scientific purposes before members of the medical profession or medical classes. The bill would delete that provision.

The bill would take effect 90 days after its enactment.

MCL 750.347                                                           Legislative Analyst:  Patrick Affholter

FISCAL IMPACT

The bill could have a fiscal impact on local courts and law enforcement, as the bill would revise the misdemeanor involving the display of certain categories of humans, and would delete the misdemeanor involving the exhibition of human bodies. Any increase or decrease in misdemeanors could increase or reduce demands on local court systems and jails. Associated fine revenue provided to public libraries also could be increased or decreased. The bill would have no fiscal impact on the State.

Date Completed:  9-24-15                                                    Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.